HUANG Yongjian v. Lianyungang Shangguang Logistics Co., Ltd. et al.
摘要
Plaintiff shipper and Defendant carrier Shangguang Logistics reached an oral contract of carriage, agreeing that Shangguang Logistics would transport corn purchased by the shipper from Yingkou to Xiamen, with a net weight of 50.85 tons. After accepting the commission, the carrier booked the goods with Defendant actual carrier Zhonggu Logistics. When goods involved arrived at the port of Shanghai ready to transfer, it found that one of the container burst open, leaking out a large number of corn, the actual carrier immediately mobilized another container to sweep the leakage of corn. But corn burst was not all loaded into the container to Xiamen, most of it returned Yingkou, and was wet, the shipper held that there was no use value, the part of the goods were discarded. Eventually, the shipper actually received 38.86 tons of goods, and then asked two Defendants to compensate for the loss.